Our Privacy Policy
In very basic terms I totally respect your personal information and will only ask you for what information we really need from you. I will look after it in the same way I would want mine looking after, keeping it secure! I will only share it with others where we need their help us deliver our service to you (such as our professional printing laboratory who may need your name and address to post your purchases). Be assured that we will never share your information in any other circumstances – nor will I sell it on elsewhere! Here are more details-
Introduction
Lightmonkey Photography takes your privacy very seriously. This privacy policy has been prepared in line with the EU’s General Data Protection Regulation (GDPR), which promotes fairness and transparency for all individuals in respect of their personal data. This privacy policy applies to all data we process, and by using Lightmonkey Photography you consent to our collection and use of such data.
1. The Data we collect
As a data controller we collect a variety of data in order to deliver our services, and we will manage your personal data transparently, fairly and securely.
We may ask you to provide us the following data – First and last name, address, postcode, telephone number and email.
We will also record a date of birth for all persons we photograph under the age of 13 and require the parent or a legal guardian to consent to photography.
Obviously being a photographic business we also create and manage images as per our contractual agreement(s).
We use the above data to deliver our service to you and for marketing purposes to make you aware of special offers if you choose to opt in to this.
We collect this data on the following lawful basis; Consent, contract and to meet a legal obligation other than a contract.
When you visit our website we also collect Cookies. These are small pieces of data that websites send to a user's computer and are stored on the user's web browser. They are designed to enable the website to remember information, analyse performance and behaviour on our site.
2. Which third parties do we share Personal Data with?
We share personal data with the following third parties:
Gmail, Mailchimp, Accounting personnel and software, Worldpay (if you choose card payment), Website hosting company, Printing Labs, online Back Up Providers. All of these companies are within the EU or theData is transferred outside of the European Economic Area to United States under the protection of EU/US Privacy Shield. All these companies have been checked to be GDPR compliant under our data audit.
There are also certain situations in which we may share access to your personal data without your explicit consent; for example, if required by law, to protect the life of an individual, or to comply with any valid legal process, government request, rule or regulation.
3. Why do we share your Personal Data with the above?
We share your data in order to communicate with you, take payment, keep you images stored safely, communicate offers to you (when you opt in for marketing emails) provide you with products and fulfil our accounting and tax duties.
We may transfer personal data to a country outside of the European Economic Area (EEA) if necessary eg if a third party we utilise could have servers located outside of the EEA. If this is the case, we will either obtain your consent or otherwise ensure that the transfer is legal and your data is secure by following the EU's guidelines.
4. How do we keep your personal data secure?
We keep your data secure by following internal policies of best practice and training for staff, Encryption, By using Secure Socket Layer (SSL) technology when information is submitted to us online.In the unlikely event of a criminal breach of our security we will inform the relevant regulatory body within 72 hours and, if your personal data were involved in the breach, we will also inform you.
5. Changes to our privacy policy and control
We may change this privacy policy from time to time. When we do, we will let you know by changing the date on this policy, notifying customers of only significant changes. By continuing to access or use our services after those changes become effective, you agree to be bound by the revised privacy policy.
6. You have the following rights -
· - the right to be informed about the collection and use of your personal data
· - the right of access to your personal data and any supplementary information
· - the right to have any errors in your personal data rectified
· - the right to have your personal data erased
· - the right to block or suppressing the processing of your personal data
· - the right to move, copy or transfer your personal data from one IT environment to another.
· - the right to object to processing of your personal data in certain circumstances, and
· - rights related to automated decision-making (i.e. where no humans are involved) and profiling (i.e. where certain personal data is processed to evaluate an individual).
We also give you the option to manage your data via email to Rachel@lightmonkeyphotography.co.uk
While we do not hold personal data any longer than we need to. The duration will depend on your relationship with us, and whether it is ongoing. We may keep some of your personal data for contacting you in relation to archived photographed. We aim to the best of our ability to archive your photographs indefinitely along with your relevant details and consent forms. This is due to requests for replacement images being made several years after being taken.
Terms & Conditions
Covid 19
It is the clients responsibility to notify Lightmonkey Photography if any of their party are exhibiting symptoms of Covid 19 and the session will be rescheduled. If the photographer feels that one of the party is exhibiting symptoms during a session, the session will immediately be stopped.
Although social distancing will be adhered to, clients must contact Lightmonkey Photography if they test positive for Covid 19 within 48 hours of a shoot.
The client acknowledges that Lightmonkey Photography has taken every step to mitigate risks of Covid 19 transmission during a session, but that a small risk still applies and Lightmonkey Photography are not liable for this. Risk assesments are availble to view and Covid Safe guidelines will be provided for every type of session.
Booking Fee (Deposit)
Lightmonkey Photography will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee. If no Booking Fee is received within 5 days of the booking form being sent then the Photographer may offer the Date of Event to another client.
The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
Payments
• The remaining balance is due by, or on, the date of the shoot for bundles.
• Payment for products must be made at the time of order.
Failure to make payment by the dates stipulated may result in cancellation.
Bank Transfer (BACS) payments, card and cash payments are accepted.
No galleries, photographs, albums or wall products will be delivered until all payments have been received in full in cleared funds.
Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
Supervision of children:
In order to get the best of out of your shoot, and ensure their safety in my studio, forchildren under 3who are mobile I insist on a 1:1 ratio of adults to children, excluding myself, older siblings may be present. Please bring along a helper or a relative if you have more than one under 3 who is on the move. If this is a problem please give us a call to discuss it.
License and Coverage:
Lightmonkey Photography shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
Whilst the Photographer(s) shall endeavour to fulfil the Clients’requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of shoot date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Use and Display of Images
Lightmonkey's Privacy Statement may be viewed here. As explained in our privacy statement, we will not use any images publicly or online without consent from the client via their booking form or by email after their session. This is inline with the General Data Protection Regulation which came into force in May 2018. The Photographer(s) also agree not to resell any image to a third party other than with prior written consent.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
Only quality branded USB’s are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Retouching
Additional retouching, digital manipulation and artist finishing is available to the Client as an optional extra. A quote is available on request.
Reorders
All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
Products
Digital Files will be stored by the Photographer for a minimum of 12 months after the event date. There is no guarantee they will be kept any longer but we try to store them indefinitely. Unless, under the GDPR you express your right to be forgotten. In which case all images and data held on you will be deleted.
Products are guaranteed to be fit for purpose and against defect in accordance with the period of time the manufacturer offers.
Delivery
To allow for post-production and editing time Digital Files will usually be ready to view or collect within 14 days of the event. During exceptionally busy periods a longer estimated delivery time may be given. Products other than digital files are bespoke so take an average of 6 weeks to create from the point when the Client approves the order of the product.
Ownership
Any negatives and/or digital files shall remain the sole property of the Photographer(s) at all times.
All completed albums and products shall remain the property of the Photographer(s) until full payment is received.
Copyright
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of the Photographer(s).
Insurance & Limitation of Liability
The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract.
Neither party shall be liable for any indirect or consequential loss.
Force Majeure
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
Cancellation
Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).
Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer(s). If adequate notice is given, we will do our best to accommodate rescheduling the shoot, but make no guarantees.
Complaints
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of that Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties. The alternative to the latter is that the Client will need to consider legal action.